Olanrewaju Fagbohun, a Research Professor of Law at the Nigerian Institute of Advanced Legal Studies, University of Lagos, speaks on environmental agencies and enforcement of environmental laws in Nigeria.
There are numerous laws guiding the use of our environment in Nigeria. Do you think they are having the necessary impact?
It is true that there are numerous laws aimed at environmental protection in Nigeria. Regrettably, it cannot be said that they are having the necessary impact. Nigeria spans some 924,000 square kilometres. The country is endowed with rich environment and natural resource base. These are continually being destroyed, degraded and desecrated. What is odd is that in terms of talk, Nigeria has remained a key player in all global environmental initiatives. In terms of concrete actions, however, we still have a long way to go.
Is it a case of weak environmental laws, or weak enforcers, or both?
The problem is that there is a weak link between the law and enforcement of the laws. There are many reasons for this, the major one is corruption; next to this is inconsistencies in some of our laws; then, weak capacity. Also the unrealistic nature of some of the laws, and by this I mean when targets are ridiculously high or fines are too low. There is also the problem of weak capacity and unnecessary conflicts between implementing institutions. These are the serious threats, gaps and barriers to enforcement.
Do you think there is a need to review the NESREA Act so it would be up to date with current environmental challenges?
I would not say there is a need to review the National Environmental Standard and Regulations Enforcement Agency (NESREA) Act, which is the legislation that repealed the Federal Environmental Protection Agency (FEPA) Act. Rather, I would say we should be more proactive in enforcement. Let there be a clear signal that it is not the status of the "individual" that would determine whether a law will or will not be enforced.
In fairness to NESREA, I must say that the agency under the able leadership of Dr. Ngeri Benebo has been doing a lot in recent times, not only in sensitising the populace on environmental dangers, but also in trying to push the frontiers of effective enforcement. These efforts need to be continued and broadened.
There are lots of agencies saddled with environmental responsibilities, yet we still have pollution problems. What do you think is responsible?
You are correct in saying there are too many agencies saddled with environmental responsibilities and yet, we are having increased problems with pollution. The problems is not so much with the different agencies, rather, it is the failure to properly integrate, harmonise and interface their activities.
We are all agreed that the Federal Ministry of Environment is the primary body saddled with environmental protection, but then, you find out that the Department of Petroleum Resources (DPR) in the case of the oil and gas sector is saddled with the functions of environmental regulation of oil and gas activities while NESREA (which is the Ministry's real enforcement arm) has no role to play. What we should have had in that kind of situation is proper delineation of functions. Let the DPR regulate technical issues in the sector; NESREA enforce compliance with environmental requirements; while the National Oil Spill Detection and Response Agency (NOSDRA) takes charge of emergency response and clean-up. They will coordinate their activities to avoid duplication through inter-agency consultations. This synergy is unfortunately lacking in our system and is an appropriate loophole for potential offenders to exploit.
How would third party involvement help in setting better environmental standards?
There are too many obstacles for the participation of Civil Society and non-governmental organisations. There is a need for government to realise that it cannot do it alone. There is serious lack of access to justice. There is an urgent need for the obstacles placed in the way of third parties to be removed.
Let us start to seriously rethink issues relating to standing, pre-action notice and time limitation in the way they apply to environmental issues. The philosophy and theoretical considerations underpinning these concepts are not applicable to environmental issues.
What in your opinion do you think is the best way to tackle environmental problems as it relates to monitoring and enforcement?
The best way to tackle environmental crisis of monitoring and enforcement is for the system to be structured in such a way that all stakeholders will be able to play their roles effectively. The citizens (public) are there to act as a watchdog for the agencies of the Executive arm of government and keep them on their toes. Right now, the civil society is not able to play that role.
The judiciary is also largely bound to rules and concepts that do not allow them the freedom to distinguish between environmental issues and other issues. A number of our judges have been sensitised, but, they are still hemmed in by old rules.
Source:234next.com
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